Case of Doctor Daraï: the gynecologist in question will be able to resume his private consultations

Since September 2021, the doctor has been under internal investigation. THOMAS COEX / AFP

On January 18, the hospital practitioner, accused of violence by several patients and placed under judicial supervision, won his case with the Court of Appeal.

The gynecologist of the Tenon hospital specialist in endometriosis Émile Daraï, indicted on November 24 for “aggravated voluntary violence” on 32 patients, will be able to practice again within the framework of private consultations, indicated a judicial source to the AFP.

On January 3, 2022, a judicial investigation had been opened for “violence by a person charged with a public service mission”, a sign of the difficulty in qualifying facts which associate an act of penetration and an alleged agreement between doctor and patient.

In a press release sent in November 2022, the Assistance Publique – Hôpitaux de Paris (AP-HP) indicated that the practitioner had been placed under judicial control with “prohibition of contact with the victims” And “ban on holding private gynecology consultations“. However, he had the possibility of continuing to exercise within the framework of public consultations. The hospital then told the Figaro that, during these consultations, a member of the nursing staff was systematically present alongside Dr. Daraï.

The doctor had appealed this decision which prevented him from practicing in the context of private consultations. He finally won his case on January 18: the investigating chamber of the Paris Court of Appeal overturned the provisions of the order of the investigating judge which prohibited him within the framework of his judicial review from provide private gynecology consultations, a judicial source told AFP, confirming information from France Info.

“Total impunity”

The collective “Stop Obstetrical and Gynecological Violence” has since launched an online petition to demand the suspension of Dr. Daraï, while the investigation is ongoing. “We find it crazy that with 32 criminal complaints, there is no suspension of the doctor involved. He should no longer be able to exercise the time of the investigations, neither in private nor in the public“says the Figaro Sonia Bish, the founder of the collective who also accompanies certain complainants.

Of course there is the presumption of innocence, but the patients should be heard and the high authorities of health should suspend their doctor if necessary. This situation is incomprehensible and shows that the victims of gynecological and obstetric violence are not protected. There is total impunity“, she is indignant. So far, the petition has garnered 18,000 signatures.

Since September 2021, the doctor has been the subject of an internal investigation, opened after certain patients denounced brutal gestures and medical acts carried out without their consent. Several measures were then taken by the hospital. In particular, Doctor Daraï had his responsibilities as head of department and head of education removed in October 2021. He also no longer had the right to supervise clinical internships.

The AP-HP and Sorbonne University had concluded that “the obligation to inform these patients, the relief of their pain, the respect of their wishes were not (had) been respected“. This document added, however, that “the commission (of inquiry) retains no sexual connotation while certain shortcomings have been noted in the collection of consent to certain gestures“. Contacted this Wednesday by Le Figarothe AP-HP indicated “do not comment on a court decision“.

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